Petitioner Type: Union
Impact Date:
Filed Date: 01/15/2003
Most Recent Update: 04/18/2003
Determination Date: 04/18/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,562
HUBBLE LIGHTING INC.
MARTIN, TENNESSEE
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm firm, have become totally or partially
separated, or are threatened to become totally or
partially separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on January 15, 2003 in
response to a petition filed by International Brotherhood of
Electrical Workers, Local 2335 on behalf of workers at Hubbell
Lighting Inc., Martin, Tennessee. The workers produce commercial
fluorescent lighting fixtures.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
Petitioners allege company imports of fluorescent lighting
fixtures; the investigation revealed, however, that there were
no company imports, nor was there a shift in production from the
Martin, Tennessee plant to a foreign country during the period
under investigation.
Sales of the subject firm were made through independent
sales agencies. United States aggregate imports of fluorescent,
hot cathode discharge lamps, other than ultraviolet, declined
sharply in 2002 and declined further in the first two months of
2003.
The investigation also revealed that the lighting fixtures
produced at the Martin plant were transferred domestically to
other company plants following the subject firm's purchase of
the assets of another domestic producer.
Conclusion
After careful review, I determine that workers producing
commercial fluorescent lighting fixtures at Hubbell Lighting
Inc., Martin, Tennessee, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, as amended.
Signed at Washington, D.C., this 18th day of April, 2003.
/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance